What is the test for premeditation and deliberation in a murder case?

California, United States of America


The following excerpt is from People v. Tiscareno, 2d Crim. No. B250637 (Cal. App. 2015):

No. 8.81.17, especially where there was no substantial evidence the robbery was merely incidental to the murder. (See, e.g., People v. Bacon (2010) 50 Cal.4th 1082, 1112 ["the court need not give a pinpoint instruction that merely duplicates other instructions."]; People v. Whisenhunt (2008) 44 Cal.4th 174, 220 [not necessary to repeat definitions of premeditation and deliberation which were already provided to jury through other instructions].)

The judgments are affirmed.

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